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About Me

Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
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section 125

Jaivir Vs. Santosh

Court: Punjab & Haryana High Court Bench: JUSTICE V.K. Bali Jaivir Vs. Santosh On 14 February 1995 Law Point: Default in paying maintenance allowance — Warrant of arrest cannot be issued as a matter of first resort — Resort prior in point of time, has to be made to attach property. JUDGEMENT It is true […]

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C. Subramanyam Vs. C. Sumathi & Anr.

Court: Andhra Pradesh High Court Bench: JUSTICES Bilal Nazki & K.C. Bhanu C. Subramanyam Vs. C. Sumathi & Anr. On 17 October 2003 Law Point: Magistrate has no power to dismiss petition under Section 125, Cr.P.C. for default : For any reason, if it is dismissed, said Court will become functus officio : It has […]

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Abdulrahiman Vs. State Of Kerala

Court: Kerala High Court Bench: JUSTICES.S. Satheesachandran Abdulrahiman Vs. State Of Kerala On 22 September 2011 Law Point: One month’s imprisonment for each month default is not sole criteria which governs Court for imposing maximum punishment to the Husband Court has to exercise its discretion judicially in fixing quantum of punishment.     JUDGEMENT   […]

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Mohandas Vs. Jayanthi

Court: Kerala High Court Bench: JUSTICE C.T. Ravikumar Mohandas Vs. Jayanthi On 15 June 2012 Law Point: Precautions and procedures to be taken while enforcement of maintenance order. JUDGEMENT 1. A convict, who is undergoing the sentence of imprisonment on account of the default committed in paying the maintenance ordered under Section 125, Cr.P.C. in […]

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Maintenance – Court to Conclude, wife is justified in living Separately

KERALA HIGH COURT JUSTICE D. Sreedevi N.P. ABU Vs. VELLAM THOTTIL ASMA & ORS. On 26 August 1998 Law Point: Children Entitled to Claim Maintenance, for awarding maintenance to wife living separately, Court to conclude whether she is justified in living separately or not. JUDGEMENT This revision has been filed against the order in M.C. […]

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Mohd. Ismail Vs. Smt. Bilquees Bano

Court: Allahabad High Court Bench: JUSTICE P.K. Jain Mohd. Ismail Vs. Smt. Bilquees Bano On 8 April 1997 Law Point: Date of payment of maintenance should normally be from the date of order and sufficient reason should be given if awarded from date of application. JUDGEMENT 1. Heard Mr. Satish Trivedi, learned Counsel for the […]

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GOPI Vs. SMT. KRISHNA

Court:Punjab-Haryana High Court Bench: JUSTICE V.M. Jain GOPI Vs. SMT. KRISHNA On 27 August 2001 Law Point: Child Born to Wife Long After Divorce : Child is Illegitimate Child of Wife not Entitled to Maintenance. JUDGEMENT This is a petition under Section 482, Cr.P.C., challenging the order dated 10.2.1999, passed by the Judicial Magistrate and […]

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Babuli @ Rajkishore Rana Vs. Prasanti @ Purnamasi Rana & Anr.

Court: Orissa High Court Bench: JUSTICE R.N. Biswal Babuli @ Rajkishore Rana Vs. Prasanti @ Purnamasi Rana & Anr. On 7 July 2007 Law Point: No specific instances of ill-treatment to Wife by Husband. No evidence to show that Wife apprehended danger to her life if she would live with her husband. Maintenance order against […]

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Radheshyam Vs. Smt. Phoolwati

Court: Madhya Pradesh High Court Bench: JUSTICE Narain Singh “Azad” Radheshyam Vs. Smt. Phoolwati On 7 February 2002 Law Point: If there is Compromise between Parties the Recovery Proceedings Deserve to be Dropped. JUDGEMENT 1. Arguments heard. By order dated 8th December, 1995, Shri B.C. Mallaiya, J.M.F.C. Bhopal, granted maintenance to respondent in M.Cr.C. No. […]

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Subhaschandra Vs. Indubai & Anr.

Court: Karnataka High Court Bench: JUSTICE S.B. Majage Subhaschandra Vs. Indubai & Anr. On 3 February 2004 Law Point: Daughter-in-law as well as Grandson cannot claim maintenance from father in Law and Grandfather under Section 125 of the Criminal Procedure Code. JUDGEMENT 1. The petitioner, who was respondent in Cri. Misc. No. 12 of 2002 […]

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